TaxTMI 
TaxTMI 
2021 (1) TMI 1365
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....alleged are that two consignments were booked by one Paramjit Kaur, proprietor of Brioshine Pharma, a licensed chemist at SCO No.38, Cabin-2, 1st Floor, Sector 11, Panchkula in the name of Balaji Traders, Shop No.158-A, Near DAV Girls School, Bazar No.1, Ferozepur Cantt-152001 through DTDC Courier Agency. The first consignment was booked on 10.06.2020 and the second consignment was booked on 12.06.2020. 3. On receipt of secret information that two consignments contained contraband, the Narcotics Bureau, Headquarters, Chandigarh arrived at the Regional Office of DTDC Courier Agency at Panchkula and called Paramjit Kaur on 12.6.2020 (consignor of the parcels), who confirmed that she had booked the parcels herself. One parcel was opened at ....
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....traband was effected from him and thus, he has been illegally detained. It is submitted that, he has been implicated only on the basis of a disclosure statement made by a co-accused Paramjit Kaur under Section 67 of the NDPS Act and also on the basis of his own self-inculpatory statement recorded under Section 67 of the NDPS Act, while he was in custody. It is submitted that such a statement can not be relied upon. In order to buttress his arguments, learned Senior Advocate relies upon the judgment passed by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu passed in Criminal Appeal No. 152 of 2013 decided on 29.10.2020. 5. Per contra, Mr. Sanjay Vashisth, learned Advocate appearing on behalf of the Narcotics Bureau sub....
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....ontained contraband of Tramadol Hydrochloride 100 mg (Trade Name Clovidol-100 SR), which is of commercial quantity. The parcel that was sent on 10.06.2020 contained 37,000 tablets whereas the parcel that was seized on 12.06.2020 at Panchkula contained 20,000 tablets of aforesaid contraband. It is also admitted fact that Paramjit Kaur in her disclosure statement named Rakesh Kumar Singla, petitioner herein, as the person, who asked her to forward both the consignments to Bhavnish Kumar at Ferozepur, however, the learned Senior Advocate for the petitioner has urged that the said disclosure statement cannot be relied upon nor can any statement made by him in the judicial custody be relied upon as incriminating evidence against him. 9. A Div....
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....f the constitutional guarantees contained in Articles 14, 20 (3) and 21 of the Constitution of India.'' It was further held that the judgments rendered in Kanhiyalal (supra) and Raj Kumar Karwal (supra) do not state the correct law and are thus overruled. The reference was therefore answered by stating:- "(i) That the officers who are invested with powers under Section 53 of the NDPS Act are "police officers" within the meaning of Section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of Section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act. (ii) That a statement recorded under Section 67 ....